Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 922
                        Barcode 925234
                            CHAMBER ACTION
              Senate                               House
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11  The Committee on Health Policy (Dockery) recommended the
12  following amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Section 413.402, Florida Statutes, is
19  amended to read:
20         413.402  Personal care attendant program.--The Florida
21  Endowment Foundation for Vocational Rehabilitation shall enter
22  into an agreement with the Florida Association of Centers for
23  Independent Living to administer, in conjunction with the
24  Brain and Spinal Cord Injury Program in the Department of
25  Health, shall develop a program to provide personal care
26  attendants to persons who have severe and chronic disabilities
27  of all kinds and who are eligible under pursuant to subsection
28  (1). Effective July 1, 2007, the Florida Association of
29  Centers for Independent Living shall receive 15 percent of the
30  funds to be deposited with the Florida Endowment Foundation
31  for Vocational Rehabilitation pursuant to ss. 320.08068(4)(d)
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Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 922 Barcode 925234 1 and 413.4021(1), to administer the program. association and 2 the Department of Health shall jointly develop memoranda of 3 understanding with the Department of Revenue, the Florida 4 Medicaid program in the Agency for Health Care Administration, 5 the Florida Endowment Foundation for Vocational 6 Rehabilitation, and the Division of Vocational Rehabilitation 7 of the Department of Education. 8 (1) In order to be Persons eligible to participate in 9 the program, a person must: 10 (a) Be at least 18 years of age, be a Florida resident 11 for at least 12 months immediately prior to application to the 12 program, and be significantly and chronically disabled due to 13 a traumatic spinal cord injury; 14 (b) Require a personal care attendant for assistance 15 with or support for at least two activities of daily living as 16 defined in s. 429.02, as determined by a physician or 17 psychiatrist bathing, dressing, bowel and bladder management, 18 and transportation; 19 (c) Require a personal care attendant in order to 20 accept a job or maintain substantial gainful employment; and 21 (d) Be able to acquire hire and direct supervise a 22 personal care attendant.; and 23 (e) Meet one of the following requirements: 24 1. Live in a nursing home; 25 2. Have moved out of a nursing home within the 26 preceding 180 days due to participation in a Medicaid home and 27 community-based waiver program targeted to persons with brain 28 or spinal cord injuries; or 29 3. Presently be employed but, because of a loss of a 30 caregiver, will lose employment and potentially return to a 31 nursing home. 2 3:22 PM 03/07/07 s0922c-hp15-tfr
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 922 Barcode 925234 1 (2)(a) The association, in cooperation with the 2 Department of Health and the Florida Endowment Foundation for 3 Vocational Rehabilitation, shall develop a program to recruit, 4 screen, and select candidates to be trained as personal care 5 attendants. 6 (b) The services of a nurse registry licensed pursuant 7 to s. 400.506 may be utilized to recruit and screen candidates 8 and to operate as a fiscal intermediary through which payments 9 are made to individuals performing services as personal care 10 attendants under the program. The Department of Health and the 11 Agency for Health Care Administration shall seek any federal 12 waivers necessary to implement this provision. 13 (3) The Florida Association of Centers for Independent 14 Living association and the Department of Health, in 15 cooperation with the Florida Endowment Foundation for 16 Vocational Rehabilitation, shall provide develop a training to 17 program participants on hiring and managing a personal care 18 attendant and, in cooperation with the oversight group 19 described in paragraph (b), adopt and revise the policies and 20 procedures governing the personal care attendant program and 21 the training program. 22 (b) The oversight group shall include, but need not be 23 limited to, a member of the Florida Association of Centers for 24 Independent Living, a person who is participating in the 25 program, and one representative each from the Department of 26 Revenue, the Department of Children and Family Services, the 27 Division of Vocational Rehabilitation in the Department of 28 Education, the Medicaid program in the Agency for Health Care 29 Administration, the Florida Endowment Foundation for 30 Vocational Rehabilitation, and the Brain and Spinal Cord 31 Injury Program in the Department of Health program for 3 3:22 PM 03/07/07 s0922c-hp15-tfr
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 922 Barcode 925234 1 personal care attendants. 2 (4) The association, in cooperation with the 3 Department of Health and the Florida Endowment Foundation for 4 Vocational Rehabilitation, shall establish procedures for 5 selecting persons eligible under subsection (1) to participate 6 in the program. 7 (5) The association, in cooperation with the 8 Department of Revenue, the Brain and Spinal Cord Injury 9 Program in the Department of Health, the Florida Medicaid 10 program in the Agency for Health Care Administration, a 11 representative from the state attorney's office in each of the 12 judicial circuits participating in the program, the Florida 13 Endowment Foundation for Vocational Rehabilitation, and the 14 Division of Vocational Rehabilitation of the Department of 15 Education, shall develop a plan for implementation of the 16 program. 17 (6) The Department of Health shall establish an 18 oversight workgroup for the personal care attendant program to 19 oversee the implementation and administration of the program. 20 The workgroup shall be composed of one representative from the 21 Brain and Spinal Cord Injury Program in the Department of 22 Health, one representative from the Department of Revenue, one 23 representative from the Florida Medicaid Program in the Agency 24 for Health Care Administration, one representative from the 25 Florida Endowment Foundation for Vocational Rehabilitation, 26 one representative from the Florida Association of Centers for 27 Independent Living, one representative from the Division of 28 Vocational Rehabilitation of the Department of Education, and 29 two members who are persons with traumatic spinal cord 30 injuries or are family members of persons with traumatic 31 spinal cord injuries. 4 3:22 PM 03/07/07 s0922c-hp15-tfr
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 922 Barcode 925234 1 Section 2. Subsections (1) and (2) of section 2 413.4021, Florida Statutes, are amended to read: 3 413.4021 Program participant selection; tax collection 4 enforcement diversion program.--The Department of Revenue, in 5 coordination with the Florida Association of Centers for 6 Independent Living and the Florida Prosecuting Attorneys 7 Association, shall select judicial circuits in which to 8 operate the program. The association and the state attorneys' 9 offices shall develop and implement a tax collection 10 enforcement diversion program, which shall collect revenue due 11 from persons who have not remitted their collected sales tax. 12 The criteria for referral to the tax collection enforcement 13 diversion program shall be determined cooperatively between 14 the state attorneys' offices and the Department of Revenue. 15 (1) Notwithstanding the provisions of s. 212.20, 90 50 16 percent of the revenues collected from the tax collection 17 enforcement diversion program shall be deposited into the 18 operating account of the Florida Endowment Foundation for 19 Vocational Rehabilitation, to be used to administer the 20 personal care attendant program and to contract with the state 21 attorneys participating in the tax collection enforcement 22 diversion program in an amount of not more than $50,000 for 23 each state attorney. 24 (2) The program shall operate only from funds 25 deposited into the operating account of the Florida Endowment 26 Foundation for Vocational Rehabilitation. The Florida 27 Endowment Foundation for Vocational Rehabilitation shall 28 select the entity to administer the personal care attendant 29 program. 30 Section 3. Notwithstanding any other law, each person 31 enrolled in the personal care attendant program under s. 5 3:22 PM 03/07/07 s0922c-hp15-tfr
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 922 Barcode 925234 1 413.402, Florida Statutes, on June 30, 2007, and each person 2 enrolled in the pilot personal care attendant program in Lake, 3 Orange, Osceola, and Seminole Counties as authorized in 4 Specific Appropriation 340, chapter 2006-25, Laws of Florida, 5 on June 30, 2007, is automatically eligible for and enrolled 6 in the personal care attendant program, as amended by this act 7 on July 1, 2007. 8 Section 4. This act shall take effect July 1, 2007. 9 10 11 ================ T I T L E A M E N D M E N T =============== 12 And the title is amended as follows: 13 Delete everything before the enacting clause 14 15 and insert: 16 A bill to be entitled 17 An act relating to the personal care attendant 18 program; amending s. 413.402, F.S.; revising 19 provisions governing a program to provide 20 personal care attendants for persons who have 21 disabilities; requiring the Florida Endowment 22 Foundation for Vocational Rehabilitation to 23 enter into an agreement with the Florida 24 Association of Centers for Independent Living 25 to administer a program to provide such 26 attendants to persons who have severe and 27 chronic disabilities; providing for payment for 28 the administration of the program; removing a 29 provision requiring interagency memoranda of 30 agreement; revising eligibility requirements 31 for participation in the personal care 6 3:22 PM 03/07/07 s0922c-hp15-tfr
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 922 Barcode 925234 1 attendant program; removing provisions 2 concerning the training, selection, and 3 recruitment of personal care attendants; 4 providing for training of program participants 5 concerning hiring and managing an attendant; 6 providing for the adoption and revision of 7 program policies and procedures by the 8 association in cooperation with an oversight 9 group; providing for membership in the 10 oversight group; amending s. 413.4021, F.S.; 11 increasing the percentage of revenues collected 12 from persons who fail to remit sales tax which 13 is deposited in the operating account of the 14 Florida Endowment Foundation for Vocational 15 Rehabilitation to administer the program; 16 deleting a provision requiring that the Florida 17 Endowment Foundation for Vocational 18 Rehabilitation select an entity to administer 19 the program; providing for automatic enrollment 20 in the program for certain persons; providing 21 an effective date. 22 23 24 25 26 27 28 29 30 31 7 3:22 PM 03/07/07 s0922c-hp15-tfr